Eir attacks ComReg in Ryan letter, claiming ‘bias’ and ‘deficiencies’

Broadband, TV and mobile phone company Eir accused communications regulator ComReg of bias, structural deficiencies and poor decision-making in a letter sent to Communications Minister Eamon Ryan.

Eir chief executive Oliver Loomes told the minister he was concerned that an “unfair or ineffective regulatory environment” will undermine plans to deliver high-speed broadband to Irish homes and said ComReg needed “institutional reform”.

Mr Loomes sent the letter last September after ComReg outlined the draft rules Eir would have to follow before switching off its copper network as part of a transition to fibre technology.

ComReg said its framework was designed so customers would not have to pay additional oneoff charges to migrate, and it wants Eir to provide alternative services of comparable quality before the old network is switched off.

The European Commission asked ComReg to reconsider its approach, saying it can insist a new service is comparable in quality, but could not impose price regulations.

ComReg noted the EU Commission’s comments, but said these did not include any serious doubts. The regulator said it wants to ensure the interests of competition and that customers are served by Eir’s plan.

Eir told Mr Ryan the development was evidence of “a bias within ComReg towards the unfair regulation of Eir and the imposition of disproportionate cost burdens”.

Mr Loomes claimed ComReg’s decision was at odds with good regulatory practice and European legal frameworks.

“I would point out that our company is the only operator being asked to bear the full costs

Oliver Loomes, CEO of Eir for non-standard connection charges from its own resources, and this would place an unfair burden on our company compared with other providers,” he wrote.

“We are strong supporters of sound regulation that promotes competition and investment in the telecoms sector, but an unfair or ineffective regulatory environment will not just impact on Eir, it will undermine the Government’s digital connectivity strategy, which aims to bring high-speed fibre broadband to every door by 2028.”

The letter went on to encourage the Government to appoint a new commissioner to a vacant post at ComReg. The regulator has three commissioners, but Mr Loomes complained that one of these posts went unfilled for almost two years.

The appointment of Helen Dixon, the former Data Protection Commissioner, as a third ComReg commissioner was confirmed last November following an open competition run by the Public Appointments Service.

Mr Loomes said there were other “structural deficiencies” for ComReg to address, such as a lack of rotation among senior management.

He claimed this “contributed to poor decisionmaking by the regulator, requiring the intervention of the European Commission on a number of occasions in recent years”.

This weekend, ComReg said it rejected any allegation of bias levelled at it or its staff.

It said these allegations are “baseless”, “inaccurate” and not supported by evidence. A spokesman said the regulator’s decision-making processes are transparent and follow robust procedures.

“The fact that ComReg does not agree with all of Eir’s views, or that ComReg’s decisions may not align with Eir’s commercial interests, does not in any way show bias,” the spokesman added.

“Regulatory interventions by ComReg, an independent statutory body, are driven by ComReg’s duties to promote connectivity to very high capacity networks, such as fibre networks, by all citizens and businesses in Ireland to promote competition.”

ComReg’s final decision on a framework for the copper switch-off was adopted in November.

“Eir had the opportunity to appeal to the courts, but chose not to,” ComReg’s spokesman said.

“In fact, its CEO, Oliver Loomes, welcomed ComReg’s decision in a press release on November 23, 2023, noting Eir was ‘pleased to see the recent publication of the long-anticipated plans from ComReg on copper switch-off ’.”

A spokeswoman for Eir said the company is working and engaging with stakeholders, including ComReg and the Department of Communications, on the conditions necessary to deliver “a modern, world-class, high-speed fibre broadband network”.

A Department of Communications spokesman said the appointment of ComReg’s new commissioner was in line with statutory processes.

He added that Eir’s concerns were a matter for ComReg, but Mr Ryan would be kept appraised of developments around the copper switch-off.